Eiserman, who was due in court at about 9:30 a.m. Wednesday, said he returned to the police station in the wee hours Wednesday and wrote a letter requesting the continuance, as per the judge’s policy. He left the letter for the police secretary.

The court case in question involved Dennis McKenzie, a 36-year-old Darby Township man who allegedly had 150 grams of marijuana when he was arrested on charges including possession with the intent to deliver in January, according to authorities.

“I followed up the letter with a phone call Wednesday morning. I spoke directly to the police secretary. She spoke to the court clerk, who said it was OK,” Eiserman said. “There’s never been any problem like this before. It’s common.”

It was about mid-morning Wednesday when Eiserman said he received a phone call from another officer who was in the courtroom who said, “The judge dismissed your case.”

According to Folcroft Officer Tom Kesser, who was in the courtroom for an unrelated matter, Davis dismissed the charges against McKenzie, despite attempts by the assistant district attorney to explain Eiserman’s absence.

“She was very professional,” Kesser said of the newly assigned prosecutor whose name escaped him. “She told the judge that the officer had a death in the family, which he did,” Kesser said.

Kesser doesn’t believe that Davis at that point knew that the prosecutor was referring to Eiserman’s K-9 partner as the family member.

“He just said something along the line that it wasn’t reason enough to grant a continuance,” Kesser said.

When another case on the docket requiring testimony from Eiserman was called, Kesser said the prosecutor again requested a continuance because of a death in the officer’s family.

Kesser said Davis then made a comment along the lines, “What? A dog?”

Recognizing the bond between Eiserman and Umberto, Kesser said he told the judge, “It’s not just a dog. It’s his partner for 12 years.”

Kesser said his outburst drew no immediate response from Davis.

“He just looked at me,” Kesser said.

Davis then granted a two-week continuance in that case. The defendant in that case is Tyrone Smith, who is charged with felony firearms and related offenses, according to online court records.

Smith’s defense attorney Enrique Latoison said Wednesday night that he was not opposed to a continuance after hearing about Eiserman’s loss from another officer, Shane Coyle.

According to Latoison, the prosecutor never explained to Davis that it was Eiserman’s K-9 partner that had died.

The docket wasn’t overly busy but steady, and Davis wasn’t playing favorites, he said.

Folcroft Cpl. William Bair said he spoke privately with Davis on Eiserman’s behalf.

“I just wanted to make sure the judge understood that the dog was a K-9, a member of the police department,” Bair said. “The judge basically told me that it was his call and we could rearrest.”

Umberto was almost 12 years old and was suffering with hip dysplasia and arthritis.